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Sunday, July 6, 2008
 

Investigative Reports 12/22/03
Keeping Secrets (Page 6 of 9)

"Veil of Secrecy," a NOW with Bill Moyers report produced in collaboration with U.S. News, has more information on this story.

Washington confidential: Key secrecy dates in the Bush administration

A crash, widows, and a secret

The power of the fine print

Aberdeen is but one example of the way enhanced security measures increasingly conflict with the health and safety concerns of ordinary Americans. Two basics--drinking water and airline travel--help illustrate the trend. A public health and bioterrorism law enacted last year requires, among other things, that operators of local water systems study vulnerabilities to attack or other disruptions and draw up plans to address any weaknesses. Republicans and Democrats praised the measure, pushed by the Bush administration, as a prudent response to potential terrorist attacks. But there's a catch. Residents are precluded from obtaining most information about any vulnerabilities.


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This wasn't always the case. In 1996, Congress passed several amendments to the Clean Water Act calling for "source water assessments" to be made of water supply systems. The idea was that the assessments, covering such things as sources of contamination, would arm the public with information necessary to push for improvements. Today, the water assessments are still being done, but some citizens' groups say that because of Bush administration policy, the release of information has been so restricted that there is too little specific information to act upon. They blame the Environmental Protection Agency for urging states to limit information provided to the public from the assessments. As a result, the program has been fundamentally reshaped from one that has made information widely available to one that now forces citizens to essentially operate on a need-to-know basis, says Stephen Gasteyer, a Washington specialist on water-quality issues. "People [are] being overly zealous in their enforcement of safety and security, and perhaps a little paranoid," he says. "So you're getting releases of information so ambiguous that it's not terribly useful." Cynthia Dougherty, director of EPA's groundwater and drinking-water office, described her agency's policy as laying out "minimal standards," so that states that had been intending to more fully disclose information "had the opportunity to decide to make a change."

The Federal Aviation Administration has its own security concerns, and supporters say it has addressed them vigorously. In doing so, however, the agency has also made it harder for Americans to obtain the kind of safety information once considered routine. The FAA has eliminated online access to records on enforcement actions taken against airlines, pilots, mechanics, and others. That came shortly after the 9/11 attacks, when it was discovered that information was available on things like breaches of airport security, says Rebecca Trexler, an FAA spokeswoman. Balancing such concerns isn't easy. But rather than cut off access to just that information, the agency pulled back all enforcement records. The FAA has also backed away from providing access to safety information voluntarily submitted by airlines.

As worrisome as the specter of terrorism is for many Americans, many still grumble about being kept in the dark unnecessarily. Under rules the Transportation Security Administration adopted last year--with no public notice or comment--the traveling public no longer has access to key government information on the safety and security of all modes of transportation. The sweeping restrictions go beyond protecting details about security or screening systems to include information on enforcement actions or effectiveness of security measures. The new TSA rules also establish a new, looser standard for denying access to information: Material can be withheld from the public, the rules say, simply if it's "impractical" to release it. The agency did not respond to requests for comment.

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